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angelaelliott77 Asked October 2016

Wanting to get POA for mother-in-law. Need help with processes.

M.I.L in nursing facility. We believe her B.I L has taken funds due her. We currently have medical Power of Attorney for my mother-in-law. Recently, she has 'lost' her insurance. She is now private pay. However, have found out that her brother in law had poa over her and her now deceased husband. Husband was a veteran, and believe she should be getting spousal benefits as well as her social security. I am completely overwhelmed! Not sure if my hubby(her son) and I should take on Financial poa as well. After talking with the nursing home, we believe there has been some fraud performed by the brother in law, who resided in another state. My thinking: Call the state, get a social worker on the case. If there is fraud, the b.i.l. needs to be held responsible. Want to track him down...Really would like m.i.l to be able to move to a closer facility and have better care! I need to know the process for this...Getting her insurance back, making sure she is getting her and her husband's benefits, and that no one else is messing with that..Thanks in advance for any and all help!

jeannegibbs Oct 2016
Report the suspected fraud to the APS. The attorney fee should come out of MIL's funds. She can do a new POA document without an attorney, but an experienced attorney can prevent trouble down the road.

angelaelliott77 Oct 2016
Yes, mil is competent. Moving within state. Not sure where just yet. We can't afford atty at this time. Wondering if they would take pay at settlement?? Completely new to all of this. Right now, its just a very strong belief that the fraud has occurred. Trying to get evidence while getting her taken care of

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jeannegibbs Oct 2016
Is MIL competent to make her own decisions? Is she in agreement with your husband being her financial POA?

Is the location you want to move her to in the same state?

Since there are family conflicts, I think your best bet would be to consult an experienced Elder Law attorney.

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